Response to Chicago Police Superintendent David Brown’s Ongoing Attacks on the Independence of the Judiciary

Policy Statements ,

During a traffic stop on August 7, Chicago Police Department (CPD) Officer Ella French was shot and killed, and her partner was critically wounded. In the wake of this terrible event, emotions are understandably high as Officer French’s colleagues and loved ones continue to grieve and grapple with this tragic loss.

This mourning is no excuse, though, for the latest in CPD Superintendent David Brown’s ongoing attacks on the independence of the  judiciary and its processes—a bedrock of our Democracy. A couple of weeks ago, Superintendent Brown denounced the decision of a federal judge to release the person alleged to have been the “straw purchaser” of the gun used to kill Officer French. The Superintendent called the decision “an outrage,” and “a disservice to Officer French’s memory” and to “the entire Chicago Police Department.”

The Chicago Council of Lawyers takes strong exception to Superintendent Brown’s comments. We abhor senseless violence and the killing of Officer French, and we fully share the Superintendent’s and the CPD’s commitment to bringing those responsible for her death to justice. Still, the Superintendent’s inflammatory comments represent a threat to the principles of independence of the judiciary and the rule of law, which are indispensable to achieving justice for any victim.

Like all accused people, the defendant in this case is entitled to a presumption of innocence, and as of yet, no one knows all of the facts because the case has not reached a resolution. The judge’s decision to release the alleged “straw purchaser” is consistent with all accepted legal and constitutional standards and is based upon the information presented during the defendant’s appearance. The Superintendent’s comments were wholly inappropriate, have the potential to bias the public, and erode its trust and confidence in our judicial system. In the context of an already volatile climate in our nation’s courtrooms, such comments needlessly increase the threat posed to federal and Cook County judges by disgruntled citizens and litigants.

This is not the first or even second time Superintendent Brown has attacked the bond process.  This time, his target was the federal court, but on numerous occasions, the Superintendent has claimed, with no basis in fact, that bond reform is responsible for Chicago’s out-of-control gun violence and an increase in crime.

Here are the facts: As a result of bond and pretrial reforms enacted in 2017, more people have been released pretrial without having to pay monetary bond. These pretrial releases have been tracked and the data have unambiguously shown that bond reform in Cook County has not led to an increase in crime or to new “violent criminal activity” by those defendants released pretrial.

Superintendent Brown’s repeated, public finger-pointing in pretrial matters has tended to produce more heat than light. Intemperate attacks on the judiciary, such as the statement referenced above, undermine the cause of justice. We urge the Superintendent to bear in mind the words of Cook County Chief Justice Timothy Evans, who noted last year that “bail reform furthers the cause of justice and equality by releasing defendants not deemed a danger to any person or the public. Defendants should not be sitting in jail awaiting trial simply because they lack the financial resources to ensure their release.”

For more factual information about bail reform in Cook County and throughout the state, visit EndMoneyBond.org.